Custody cases are stressful for children and parents. To lessen the burden, Georgia law offers clear guidance to manage the situation better. But every family’s situation is different. It may feel like the best choice is to ask the children what they want, but the court does not just yield to a child’s preferences. The court follows the “best interests of the child” rule. Here is a breakdown of the three relevant age groups that judges consider.
Age 14 and older: Presumptive right to choose
Once a child turns 14, they can pick which parent to live with and the court usually follows that choice unless the chosen parent is unfit or the decision would harm the child. That selection can support a custody change, but the child may only make that choice once every two years.
Ages 11 to 13: The judge must consider
A child in this age range has a voice the judge must consider but their wish does not decide the case. The judge weighs what the child says along with stability, routines and each parent’s ability to care for the child.
Under age 11: Little weight
A child under 11 may state a preference, but the court rarely uses this as the basis for their decision. The judge focuses on concrete factors like safety, daily care and which home offers steadier routines and support. This is because at this age, a child is more likely to pick a parent based on who they find more fun or more lenient than who is more capable of giving sufficient care.
How does a Gwinnett County judge evaluate preference?
Judges closely examine a child’s stated preference to make sure the choice comes from the child and not from pressure or influence. They interview the child privately in chambers with attorneys present and parents absent so they can hear the reasons directly. The judge gives more weight to practical reasons. Like when a child says they feel safer with one parent and wants to stay with them instead of saying they want to stay because that parent buys gifts at the mall or lets them play video games and stay up late. If a parent coached the child, the court may give the preference less weight and consider that conduct in its custody decision.
Parents who want the best for their children should give them the freedom to choose. If they want to give their child more room to decide or if they are unsure how to communicate while awaiting custody hearing, they can talk to an experienced family law attorney who can help them prepare for whatever the results may be.